What Is Fault?
Fault is when an entity intentionally or negligently fails to act reasonably, according to legal standards or one’s duty, resulting in harm to another person. This failure can arise from various factors such as ignorance, carelessness, negligence, or a lack of skill. If actions like not being aware, not taking proper precautions, disregarding others, or lacking necessary skills lead to injury to another person, they can all be considered as fault.
Legal scholar John C. Jeffries Jr. states, “Fault is the linchpin of tort liability.” Fault plays a crucial role in various aspects of law, including tort law (civil wrongs), contract disputes, and criminal law. Establishing fault is essential in legal proceedings to determine liability and to assess damages or penalties accordingly.
Fault forms the basis for legal liability and compensation. For example, in a car accident case, fault may be assigned based on factors like speeding, failure to yield, or distracted driving. For plaintiffs seeking damages, proving fault is essential to demonstrate that the defendant’s actions or negligence directly caused their injuries or losses. Conversely, defendants may argue mitigating circumstances or lack of fault to defend against legal claims.
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Pedestrian Struck on Interstate 95 in South Philadelphia
A pedestrian was struck and killed while walking along Interstate 95 in South Philadelphia on December 10. According to news reports, the pedestrian was walking on the highway for unknown reasons around 11 pm when he was hit by a vehicle. The pedestrian was pronounced dead at the scene.
I-95 southbound was closed for several hours between I-676 east and Market Street exits.
Our thoughts are with the victim’s family.
Pedestrian Accidents Increase During the Nighttime
According to recent data from the Federal Highway Administration, 76 percent of pedestrian fatalities occur at night, despite lower pedestrian activity during these hours. Some of the common reasons why nighttime pedestrian accidents are so dangerous include:
- Limited Visibility: Judging distances and speeds in low-light conditions can be difficult. Shadows and the glare from oncoming headlines can obscure the pedestrian from the driver. […]
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What Does a Wrongful Death Lawyer Do?
When faced with the tragic loss of a loved one due to someone else’s negligence or wrongful actions, understanding how a wrongful death lawyer can help becomes essential. These legal professionals specialize in wrongful death claims, guiding families through the legal process while advocating for their rights.
A wrongful death attorney helps families file their claims and build strong cases. They work diligently to gather evidence and establish who was at fault. They also fight to secure fair compensation for the family’s devastating losses. The process involves a thorough investigation of the death. They often bring in expert witnesses to strengthen the case. Throughout the process, they handle all negotiations with insurance companies.
Each element plays a vital role in building a compelling case to, ultimately, hold the responsible parties accountable. With a focus on both legal expertise and compassionate support, a wrongful death lawyer is dedicated to helping families find justice during one of the most challenging times in their lives. […]
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What is the Penalty for a Hit and Run in Philadelphia?
If you’re involved in a car accident in Philadelphia, leaving the scene can result in serious penalties, especially if someone is injured in the accident. You could be facing huge fines and potential injuries. Many times, injury victims are confused about what their legal rights are, especially if the driver is never found. Here’s what you need to know about protecting your interests and seeking compensation.
If you were involved in a car accident with a hit and run driver, our Philadelphia car accident lawyers can help Contact Munley Law today to schedule a free consultation.
Legal Obligations After a Philadelphia Car Accident
Pennsylvania law mandates that you must stop your vehicle immediately if you’re involved in an accident. You are required to exchange information with the other parties involved. This typically includes your name, address, and vehicle registration number. For accidents involving injury, […]
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What Is the Average Compensation for a Pedestrian Hit by a Car in Philadelphia?
Philadelphia sees hundreds of pedestrian accidents each year, with Center City and Roosevelt Boulevard being common accident sites. Being hit by a car as a pedestrian is traumatic, and understanding what compensation you might receive can help ease some of your worries. While every case is different, pedestrian accident settlements in Philadelphia typically range from $50,000 to $200,000, with some cases reaching into the millions depending on several factors we’ll explore below.
If you were involved in a pedestrian accident in Philadelphia, Munley Law is here to help. Contact our Philadelphia pedestrian accident lawyers today to learn your legal options and get your questions answered.
What Determines Compensation Amount in a Philadelphia Pedestrian Accident Case?
The size of your settlement depends on multiple factors working together. Medical bills are usually the starting point—everything from ambulance rides and emergency room visits to ongoing physical therapy is counted. […]
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Is the Driver Always at Fault in a Pedestrian vs Car Accident?
Determining fault in pedestrian-vehicle accidents involves complex factors, as both drivers and pedestrians have specific responsibilities when using roadways. Pennsylvania’s comparative negligence law helps establish liability when both parties may share responsibility for an accident.
Understanding Fault in Pedestrian-Vehicle Accidents
Understanding road rules is critical for both drivers and pedestrians to navigate traffic situations. Drivers must yield right-of-way to pedestrians in crosswalks and be vigilant, especially in heavy traffic areas. Pedestrians must obey traffic signals, cross at designated crosswalks, and remain alert.
Pennsylvania’s Comparative Negligence Law
The law in Pennsylvania follows the approach known as comparative negligence. This means that if the pedestrian and driver are partially at fault in the event of a car accident, the damages recovered in the lawsuit may be reduced depending on the percentage of fault allocated to each. […]
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